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Dead Constitution
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Title: Mt. Lebanon woman sues after police detain her during epileptic seizure
Source: post-gazette.com
URL Source: http://www.post-gazette.com/pg/10197/1073079-455.stm
Published: Jul 16, 2010
Author: Paula Reed Ward
Post Date: 2010-07-18 15:20:16 by F.A. Hayek Fan
Keywords: None
Views: 113
Comments: 6

When Jessica Yochum had an epileptic seizure at work in February, her co-workers at Houlihan's at the Galleria knew what was happening.

They called 911 and told dispatchers the young woman was seizing.

But when emergency responders from the Medical Rescue Team South Authority ambulance service and Mt. Lebanon police arrived, they did not follow what are considered by experts to be standard protocols for such an event.

They handcuffed Ms. Yochum, 23, shackled her and restrained her head. All that, her attorney said, exacerbated the seizure.

By the time they got her to St. Clair Hospital, she had inadvertently bitten one of the ambulance workers, and the police were accusing her of being on cocaine.

They charged her with aggravated assault for the bite -- even after they learned from Ms. Yochum's doctor that the girl had epilepsy and was not taking any illegal drugs.

The case was ultimately dismissed by a magisterial district judge, but Ms. Yochum filed a federal lawsuit Thursday against the parties involved, alleging a number of counts, including violations of her due process rights, as well as the Americans with Disabilities Act.

Neither officials at MRTSA nor the police department had seen the lawsuit Thursday and said they could not comment. The individual defendants named are emergency responders Gregory Petro and Richard Weisner, as well as Officer Jeffrey Frolo.

Ms. Yochum, a recent graduate of Penn State University who hopes to go to graduate school and become a speech pathologist, had her first seizure in 2008 while studying in Spain.

The second seizure came while she was driving across the Hot Metal Bridge. That time, she said, Pittsburgh police and paramedics were wonderful with her. They left her inside her vehicle until the seizure had ended, and waited with her until she had recovered.

The seizure at Houlihan's was only her third. Ms. Yochum doesn't remember anything about it -- only the things leading up to the seizure. She got intense nausea, a feeling of deja vu and thought that she was about to fall over.

The rest of what happened has been pieced together for Ms. Yochum by what her coworkers saw -- and later what her parents saw at the hospital.

When the emergency responders got to Houlihan's, she said, "They started to restrain me and said I wasn't having a seizure, I was having a drug overdose.

"The more you restrain someone, the worse it gets."

Timothy P. O'Brien, the attorney representing Ms. Yochum, said standard protocol is to leave a seizing person alone -- provided they are not in danger of harming themselves or others.

"The last thing you want to do is apply force," he said. "It is well-known a person in a seizure will respond aggressively to that kind of treatment."

Dr. Alan Ettinger, an epilepsy expert practicing in New York, agreed. Further, he said, the aggressive actions of a seizing patient aren't volitional.

"In a confused state, a person may lash our or bite," he said. "It's not malicious."

In pictures taken shortly after the incident, large bruises can be seen on Ms. Yochum's legs and arms, along with cuts from the handcuffs and shackles.

Ms. Yochum and her parents -- beyond the treatment that day -- are most angry by the behavior of the police department afterward.

Officers refused to drop the aggravated assault charge, and the day after the seizure threatened in a phone call to show up at Ms. Yochum's home to arrest her if she didn't arrive at their department within 30 minutes to provide fingerprints.

"It made us angry at first that the professionals didn't help her the way they should have," said Alice Yochum, Jessica's mother. "The more we thought about it, it created another worry: What if it happens again?"

"There were 14 different times in this thing that they had a chance to stop what they were doing and apologize," said Michael Yochum, Jessica's father.

Now, the family is pursuing the lawsuit to ensure that other people are not subjected to a similar experience.

"I think it's a bigger issue than me," Ms. Yochum said.

Indeed, according to Dr. Ettinger, one in 10 people in the United States will have at least one seizure over a lifetime, and the prevalence rate for epilepsy with recurrent seizures is 1 percent of the population.

Even so, what happened to Ms. Yochum is not uncommon. The Epilepsy Foundation of America has, for years, been working on a program to educate police and emergency medical workers about seizures.

"First responders really need to be very aware of the possibility [of a seizure] and not immediately assume the person must be on alcohol or drugs," Dr. Ettinger said.

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#1. To: All (#0)

Once again the irresponsible and abusive actions of a local gestapo creates another millionaire on the backs of the local tax payer.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

Nothing in the State, everything outside the State, everything against the State - Jan Lester, Escape From Leviathan

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat

Good order results spontaneously when things are let alone. - Zhuangzi

F.A. Hayek Fan  posted on  2010-07-18   15:23:12 ET  Reply   Trace   Private Reply  


#2. To: F.A. Hayek Fan (#0)

Are these "first responders" getting hired on the Affirmative Action Act or something, and just don't have the intelligence or common sense required to do their jobs, or are they just trying to make people rich from lawsuits?


"The real deal is this: the ‘royalty’ controlling the court, the ones with the power, the ones with the ability to make a difference, with the ability to change our course, the ones who will live in infamy if we pass the tipping points, are the captains of industry, CEOs in fossil fuel companies such as EXXON/Mobil, automobile manufacturers, utilities, all of the leaders who have placed short-term profit above the fate of the planet and the well-being of our children." - James Hansen

FormerLurker  posted on  2010-07-18   15:54:19 ET  Reply   Trace   Private Reply  


#3. To: F.A. Hayek Fan (#1)

Once again the irresponsible and abusive actions of a local gestapo creates another millionaire on the backs of the local tax payer.

The point here is who is responsible, and who's going to pay. If Officer Pimpledick had to reach down into his pocket every week and send this girl $500.00, the next time something like this happened he would respond with appropriate restraint. As it currently stands, he gets a free pass, maybe a slap on the wrist. The city (taxpayers) pay. We need to make the cops, who are ultimately responsible, pay the full judgement, every penny, as long as it takes. That will end the problem.

Luke The Spook

The IQ and the life expectancy of the average American recently passed each other in opposite directions. - George Carlin

Luke The Spook  posted on  2010-07-18   19:36:55 ET  Reply   Trace   Private Reply  


#4. To: Luke The Spook (#3)

The point here is who is responsible, and who's going to pay. If Officer Pimpledick had to reach down into his pocket every week and send this girl $500.00, the next time something like this happened he would respond with appropriate restraint. As it currently stands, he gets a free pass, maybe a slap on the wrist. The city (taxpayers) pay. We need to make the cops, who are ultimately responsible, pay the full judgement, every penny, as long as it takes. That will end the problem.

Luke The Spook

I couldn't agree more with you. It's quite a racket the government has set up for itself and its members. a bureaucrat of some sort screws an American taxpayer in some way, shape or form due to abuse, neglect, incompetence, etc. and instead of being held personally accountable for any monetary damages for their actions, they are able to pawn those monetary damages onto the very same taxpayer, as well as the rest of us, thus getting away scott free.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

Nothing in the State, everything outside the State, everything against the State - Jan Lester, Escape From Leviathan

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat

Good order results spontaneously when things are let alone. - Zhuangzi

F.A. Hayek Fan  posted on  2010-07-18   21:16:53 ET  Reply   Trace   Private Reply  


#5. To: F.A. Hayek Fan (#0)

Put your shoe under their head and do nothing else.

"A common mistake that people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools." - Douglas Adams

Turtle  posted on  2010-07-19   12:39:35 ET  Reply   Trace   Private Reply  


#6. To: F.A. Hayek Fan (#0)

Officers refused to drop the aggravated assault charge, and the day after the seizure threatened in a phone call to show up at Ms. Yochum's home to arrest her if she didn't arrive at their department within 30 minutes to provide fingerprints.

When American pussies have had enough, "officers" such as these will be dispatched of in a proper manner.

OBAMA'S CHERNOBYL

Spew, Baby, Spew

Jethro Tull  posted on  2010-07-19   12:44:16 ET  Reply   Trace   Private Reply  


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